Practical application Linguistic rights

1 practical application

1.1 language rights @ international , regional levels

1.1.1 international platform
1.1.2 regional platform

1.1.2.1 africa
1.1.2.2 europe




1.2 language rights in different countries

1.2.1 australia
1.2.2 austria
1.2.3 canada
1.2.4 croatia
1.2.5 finland
1.2.6 india
1.2.7 ireland
1.2.8 mexico
1.2.9 pakistan
1.2.10 poland
1.2.11 spain
1.2.12 united states


1.3 disputes on linguistic rights

1.3.1 basque, spain
1.3.2 faroe islands
1.3.3 nepal
1.3.4 sri lanka
1.3.5 quebec, canada

practical application

linguistic rights manifest legislation (the passing of law), subsequently becoming statute enforced. language legislation delimiting official usage can grouped official, institutionalizing, standardizing, , liberal language legislation, based on function.

official legislation makes languages official in domains of legislation, justice, public administration, , education, [commonly according territoriality , personality]. various combinations of both principles used.... institutionalizing legislation covers unofficial domains of labour, communications, culture, commerce, , business....

in relation legislation, causal effect of linguistic rights language policy. field of language planning falls under language policy. there 3 types of language planning: status planning (uses of language), acquisition planning (users of language), , corpus planning (language itself).

language rights @ international , regional levels
international platform

the universal declaration of linguistic rights approved on 6 june 1996 in barcelona, spain. culmination of work committee of 50 experts under auspices of unesco. signatories 220 persons on 90 states, representing ngos , international pen clubs centres. declaration drawn in response calls linguistic rights fundamental human right @ 12th seminar of international association development of intercultural communication , final declaration of general assembly of international federation of modern language teachers. linguistic rights in declaration stems language community, i.e., collective rights, , explicitly includes both regional , immigrant minority languages.

overall, document divided sections including: concepts, general principles, overall linguistic regime (which covers public administration , official bodies, education, proper names, communications media , new technologies, culture, , socioeconomic sphere), additional dispositions, , final dispositions. instance, linguistic rights granted equally language communities under article 10, , everyone, right use language of choice in private , family sphere under article 12. other articles details right use or choice of languages in education, public, , legal arenas.

there number of other documents on international level granting linguistic rights. un international covenant on civil , political rights, adopted un general assembly in 1966 makes international law provision protection of minorities. article 27 states individuals of linguistic minorities cannot denied right use own language.

the un declaration on rights of persons belonging national or ethnic, religious , linguistic minorities adopted un general assembly in 1992. article 4 makes modest obligations on states . states states should provide individuals belonging minority groups sufficient opportunities education in mother tongue, or instruction mother tongue medium of instruction. however, declaration non-binding.

a third document adopted un general assembly in 1989, makes provisions linguistic rights convention on rights of child. in convention, articles 29 , 30 declare respect child s own cultural identity, language , values, when different country of residence, , right child use or own language, in spite of child s minority or immigrant status.

regional platform
africa

linguistic rights in africa have come focus in recent years. in 1963, organisation of african unity (oau) formed defend fundamental human rights of africans. adopted in 1981 african charter on human , peoples rights, aims promote , protect fundamental human rights, including language rights, in africa. in 2004, fifteen member states ratified protocol african charter on human , peoples rights establishing african court on human , peoples rights. court regional, legal platform monitors , promotes au states compliance african charter on human , peoples rights. pending merger court of justice of african union.

in 2001 president of republic of mali, in conjunction oau, set foundation african academy of languages (acalan) work promotion , harmonisation of languages in africa . along inauguration of interim governing board of acalan, african union declared 2006 year of african languages (yoal).

in 2002, oau disbanded , replaced african union (au). au adopted constitutive act drawn oau in 2000. in article 25, stated working languages of union , institutions arabic, english, french , portuguese, , if possible, african languages. au recognizes national languages of each of member institutions stated in national constitutions. in 2003, au adopted protocol amending act such working languages shall renamed official languages, , encompass spanish, kiswahili , other african language in addition 4 aforementioned languages . however, amendment has yet put force, , au continues use 4 working languages publications.

europe

the council of europe adopted european convention on human rights in 1950, makes reference linguistic rights. in article 5.2, reasons arrest , charges have communicated in language understood person. secondly, article 6.3 grants interpreter free in court, if language used cannot spoken or understood.

the council local , regional authorities, part of council of europe, formulated european charter regional or minority languages in 1992. charter grants recognition, protection, , promotion regional and/or minority languages in european states, though explicitly not immigrant languages, in domains of education, judicial authorities, administrative , public services, media, cultural activities, , socio-economic life in articles 8 13. provisions under charter enforced every 3 years committee. states choose regional and/or minority languages include.

the framework convention protection of national minorities implemented council of europe in 1995 parallel activity charter regional or minority languages. framework makes provisions right of national minorities preserve language in article 5, encouragement of mutual respect , understanding , co-operation among persons living on territory , regardless of language, in fields of education, culture , media in article 6. article 6 aims protect persons discrimination based on language.

another document adopted council of europe s parliamentary assembly in 1998 recommendation 1383 on linguistic diversification. encourages wider variety of languages taught in council of europe member states in article 5. recommends language education include languages of non-native groups in article 8.

language rights in different countries
australia

zuckermann et al. (2014) proposed enactment of native tongue title , ex gratia compensation scheme loss of indigenous languages in australia: although australian states have enacted ex gratia compensation schemes victims of stolen generations policies, victims of linguicide (language killing) largely overlooked ... existing grant schemes support aboriginal languages ... should complemented compensation schemes, based on claim of right. proposed compensation scheme loss of aboriginal languages should support effort reclaim , revive lost languages.

on october 11, 2017, new south wales (nsw) parliament passed legislation recognises , revives indigenous languages first time in australia s history. nsw government appoint independent panel of aboriginal language experts , establish languages centres .

austria

under austrian constitutional law (1867), article 8(2) grants right maintenance , development of nationality , language ethnic minorities, equal rights languages used within regions in domains of education, administration , public life, right education in own language ethnic communities, without necessity of acquiring second language used in province.

canada

the canadian charter of rights , freedoms (1982) grants positive linguistic rights, guaranteeing state responsibility french , english language communities. section 23 declares 3 types of rights canadian citizens speaking french or english mother tongue , minorities in region. first accords right of access instruction in medium of mother tongue. second assures educational facilities minority languages. third endows french , english language minorities right maintain , develop own educational facilities. control can take form of exclusive decision-making authority on expenditure of funds, appointment , direction of administration, instructional programs, recruitment of teachers , personnel, , making of agreements education , services . of these rights apply primary , secondary education, sustained on public funds, , depend on numbers , circumstances.

croatia


minority languages in croatia (official use @ local level)

croatian language stated official language of croatia in article 3 of croatian constitution. same article of constitution stipulates in of local units, croatian language , latin script, in official use may introduce language , cyrillic or other script under conditions prescribed law. example of use of minority language @ regional level istria county official languages croatian , italian. in eastern croatia, in joint council of municipalities, @ local (municipal) level introduced serbian co official language. each municipality, minority has more 1 third of population, can if wants introduce minority language in official use.

finland

finland has 1 of overt linguistic rights frameworks. discrimination based on language forbidden under basic rights citizens in finland. section 17 of constitution of finland explicitly details right 1 s language , culture, although these languages stated either finnish or swedish. right applies in courts of law , other authorities, translated official documents. there overt obligation of state provide cultural , societal needs of finnish-speaking , swedish-speaking populations of country on equal basis . other language communities, ones mentioned indigenous groups, granted right maintenance , development of own language. there additional right specific group, sami, may use sami language when communicating authorities. deaf community granted right sign language , interpretation or translation.

regulations regarding rights of linguistic minorities in finland, insist on forming of district first 9 years of comprehensive school education in each language, in municipalities both finnish- , swedish-speaking children, long there minimum of 13 students language community of mother tongue.

india

the constitution of india first drafted on january 26, 1950. estimated there 1500 languages in india. article 343-345 declared official languages of india communication centre hindi , english. there 22 official languages identified constitution. india not have national language. article 345 states legislature of state may law adopt 1 or more of languages in use in state or hindi language or languages used or of official purposes of state: provided that, until legislature of state otherwise provides law, english language shall continue used official purposes within state being used before commencement of constitution .

ireland

language rights in ireland recognised in constitution of ireland , in official languages act.

irish national , first official language according constitution (with english being second official language). constitution permits public conduct business – , every part of business – state solely through irish.

on 14 july 2003, president of ireland signed official languages act 2003 law , provisions of act gradually brought force on three-year period. act sets out duties of public bodies regarding provision of services in irish , rights of public avail of services.

the use of irish on country s traffic signs visible illustration of state s policy regarding official languages. statutory requirement placenames on signs in both irish , english except in gaeltacht, signs in irish only.

mexico

language rights recognized in mexico in 2003 general law of linguistic rights indigenous peoples established framework conservation, nurturing , development of indigenous languages. recognizes countries many indigenous languages coofficial national languages, , obligates government offer public services in indigenous languages. of 2014 goal of offering public services in indigenous languages has not been met.

pakistan

pakistan uses english (pakistani english) , urdu official languages. although urdu serves national language , lingua franca , understood of population, natively spoken 8% of population. english not natively used first language, but, official purposes, 49% of population able communicate in form of english. however, major regional languages punjabi (spoken majority of population), sindhi, pashto, saraiki, hindko, balochi, brahui , shina have no official status @ federal level.

poland

the republic of poland declares shall apply european charter regional or minority languages in accordance act on national , ethnic minorities , on regional language, dated 6 january 2005.

spain

spanish language stated official language of spain in article 3 of spanish constitution, being learning of language compulsory same article. however, constitution makes provisions other languages of spain official in respective communities. example use of basque language in basque autonomous community (bac). apart spanish, other co-official languages basque, catalan , galician.

united states

language rights in united states derived fourteenth amendment, equal protection , due process clauses, because forbid racial , ethnic discrimination, allowing language minorities use amendment claim language rights. 1 example of use of due process clauses meyer v. nebraska case held 1919 nebraska law restricting foreign-language education violated due process clause of fourteenth amendment. 2 other cases of major importance linguistic rights yu cong eng v. trinidad case, overturned language-restrictive legislation in philippines, declaring piece of legislation violative of due process , equal protection clauses of philippine autonomy act of congress , farrington v. tokushige case, ruled governmental regulation of private schools, particularly restrict teaching of languages other english , hawaiian, damaging migrant population of hawaii. both of these cases influenced meyer case, precedent.

disputes on linguistic rights
basque, spain

the linguistic situation basque precarious one. basque language considered low language in spain, where, until 1982, basque language not used in administration. in 1978, law passed allowing basque used in administration side side spanish in basque autonomous communities.

between 1935 , 1975, period of franco s régime, use of basque strictly prohibited, , language decline begun occur well. however, following death of franco, many basque nationalists demanded basque language recognized. 1 of these groups euskadi ta askatasun (eta). eta had begun nonviolent group promote basque language , culture. however, when demands not met, turned violent , evolved violent separatist groups. today, eta s demands separate state stem partially problem of perceived linguistic discrimination. however, eta called permanent cease-fire in october 2011.

faroe islands

the faroese language conflict, occurred between 1908 , 1938, has been described political , cultural in nature. 2 languages competing become official language of faroe islands faroese , danish. in late 19th , 20th century, language of government, education , church danish, whereas faroese language of people. movement towards faroese language rights , preservation begun in 1880s group of students. spread 1920 onwards movement towards using faroese in religious , government sector. faroese , danish both official languages in faroe islands.

nepal

the newars of nepal have been struggling save nepal bhasa language, culture , identity since 1920s. nepal bhasa suppressed during rana (1846-1951) , panchayat (1960-1990) regimes leading language decline. ranas forbade writing in nepal bhasa , authors jailed or exiled. beginning in 1965, panchayat system eased out regional languages radio , educational institutions, , protestors put in prison.

after reinstatement of democracy in 1990, restrictions on publishing relaxed; attempts gain usage in local state entities side side nepali failed. on 1 june 1999, supreme court forbade kathmandu metropolitan city giving official recognition nepal bhasa, , rajbiraj municipality , dhanusa district development committee recognizing maithili.

the interim constitution of nepal 2007 recognizes languages spoken mother tongues in nepal national languages of nepal. says nepali in devanagari script shall language of official business, however, use of mother tongues in local bodies or offices shall not considered barrier. use of national languages in local government bodies has not happened in practice, , discouragement in use , discrimination in allocation of resources persist. analysts have stated 1 of chief causes of maoist insurgency, or nepalese civil war (1996-2006), denial of language rights , marginalization of ethnic groups.

sri lanka

the start of conflict regarding languages in sri lanka goes far rule of british. during colonial period, english had special , powerful position in sri lanka. british ruled in sri lanka late eighteenth century 1948. english official language of administration then. before departure of british, swabhasha (your own language) movement launched in bid phase out english slowly, replacing sinhala or tamil. however, shortly after departure of british campaign, various political reasons, evolved advocating sinhala , tamil replacing english sinhala replacing english.

in 1956, first election after independence, opposition won , official language declared sinhala. tamil people unhappy, feeling disadvantaged. because sinhala official language, made easier people mother tongue sinhala enter government sector , provided them unfair advantage in education system. tamils did not understand sinhala felt inconvenienced had depend on others translate official documents them.

both tamil , sinhala-speaking people felt language crucial identity. sinhala people associated language rich heritage. afraid that, given there 9 million speakers of language @ time, if sinhala not official language lost. tamil people felt sinhala-only policy assert dominance of sinhalese people , such might lose language, culture , identity.

despite unhappiness of tamil people, no big political movement undertaken till 1970s. in may 1976, there public demand tamil state. during 1956 election federal party had replaced tamil congress. party bent on attainment of freedom tamil-speaking people of ceylon establishment of autonomous tamil state on linguistic basis within framework of federal union of ceylon . did not have success. in 1972, federal party, tamil congress , other organizations banded new party called tamil united front .

one of catalysts tamil separation arose in 1972 when sinhala government made amendments constitution. sinhala government decided promote buddhism official religion, claiming shall duty of state protect , foster buddhism . given majority of tamils hindus, created unease. there fear among tamils people belonging untouchable castes encouraged convert buddhism , brainwashed learn sinhala well.

another spur impatience of tamil youth in sri lanka. veteran politicians noted current youths more ready engage in violence, , of them had ties rebel groups in south india. in 1974, there conference of tamil studies organized in jaffna. conference turned violent. resulted in deaths of 7 people. consequently, 40 – 50 tamil youths in between years of 1972 , 1975 detained without being charged, further increasing tension.

a third stimulus changes in criteria university examinations in 1970s. government decided wanted standardize university admission criteria, based on language entrance exams taken in. noted students took exams in tamil scored better students took in sinhala. government decided tamil students had achieve higher score students took exam in sinhala enter universities. result, number of tamil students entering universities fell.

after july 1977 election, relations between sinhalese , ceylon tamil people became worse. there flash violence in parts of country. estimated 100 people killed , thousands of people fled homes. among these tensions, call separate state among tamil people grew louder.

quebec, canada